Step 3 » GENERAL learning environment Category B (B, B1)

GENERAL Learning Environment Category B (B, B1)
Question 1027 of 1208

You have hit a pedestrian who was crossing the street improperly. What legal obligations do you have?

A you immediately notify the police, you do not modify or erase the traces of the accident and you remain on the spot;
B you present yourself urgently at the nearest police unit;
C since the fault does not belong to you, you may continue the journey if the accident is not serious.

Explanation

If you have hit a pedestrian who was crossing the street, regardless of whether the pedestrian was crossing properly or not, you have the obligation to notify the police, to not modify the traces of the accident and to not leave the scene of the act. In this case it is prohibited for you to leave the scene of the act without the approval of the police or of the prosecutor who carries out the investigation. Failure to respect the prohibition of leaving the scene of the act is considered an offence and is punished with imprisonment from 2 to 7 years.

Nevertheless, it does NOT constitute an offence the situation in which, in the absence of other means of transport, the driver of the vehicle involved in the accident transports himself the injured person to the nearest hospital, he having the obligation to declare the personal identification data and the registration number or the registration of the driven vehicle, data which will be recorded in a special register, and to return immediately to the place of the accident.

The correct answer is: A


Recommendations:
Obligations and prohibitions in case of accident - Audio-Video Lesson --> Obligations and prohibitions in case of accident
Offences related to leaving the accident scene or modifying the traces - Audio-Video Lesson --> Offences regarding traffic on public roads; The difference between offences and contraventions

Reference articles

OUG* - Article 77

(1) The driver of a vehicle involved in a traffic accident resulting in the death or injury of a person is obliged to take measures to immediately notify the police, to not modify or erase the traces of the accident and to not leave the scene of the act.
[...]

Criminal Code*** - Article 338

(1) Leaving the accident scene, without the approval of the police or of the prosecutor who carries out the investigation of the scene of the act, by the driver of the vehicle or by the driving instructor, during the training process, or by the examiner of the competent authority, during the conduct of the practical tests of the exam for obtaining the driving licence, involved in a traffic accident, is punished with imprisonment from 2 to 7 years.
[...]
(3) It does not constitute an offence to leave the accident scene when:
[...]
b) the driver of the vehicle, in the absence of other means of transport, transports himself the injured persons to the nearest medical unit able to provide the necessary medical assistance and at which he declared the personal identification data and the registration number or the registration of the driven vehicle, recorded in a special register, if he returns immediately to the place of the accident;
[...]


* OUG = GOVERNMENT EMERGENCY ORDINANCE no. 195 of December 12, 2002 updated (Road Traffic Code)
*** Criminal Code = CRIMINAL CODE of July 17, 2009 updated (LAW no. 286/2009)

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